AMAR Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has arisen against the judgment and order dated 4.4.2016 passed by learned Additional Sessions Judge, Lakhimpur Kheri in Sessions Trial No.14/2014 arising out of Case Crime No.208/13, P.S Dhaurhara, District Lakhimpur Kheri whereby the accused-applicant was convicted under Section 307 IPC and sentenced to seven years rigorous imprisonment with a fine of Rs.10,000/- with default stipulation of six months imprisonment.

(2.) According to the prosecution, on 23.2013 at about 6.00 PM injured Survesh Kumar was standing in front of his House. Accused-appellant Amar started abusing him under the effect of intoxication. When Survesh asked him not to abuse, accused fired upon him which hit Survesh at the chest. Karuna Shankar Singh, brother of the injured alongwith Ram Sanehi and Mool Chand came at the spot.

(3.) A written report was submitted by Karuna Shankar Singh at P.S. Dhaurhara which was registered at Case Crime No.208/13, under Section 307/504 IPC. Investigation was handed over to S.I. Brijesh Kishore Singh. Victim was medically examined at Community Health Centre, Dhaurahara, District Lakhimpur Kheri on 22.2013 at 10.55 PM. The Investigating Officer prepared the site plan and recorded the statement of witnesses. X-ray of chest of victim was also conducted.